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LOUISIANA RECORD

Monday, March 18, 2024

Sam Knef News


Appeals court upholds damages awarded to rig accident survivors

By Sam Knef |
The U.S. Fifth Circuit Court of Appeals recently affirmed a lower court's judgment awarding damages to survivors of a deadly barge accident in Bayou Sorrel.

Appeals court upholds constitutionality of lump sum association fee statute

By Sam Knef |
Homeowners in the Eastover subdivision in New Orleans lost an appeal at the Louisiana Fourth District Circuit Court of Appeal, which found a state statute that facilitated the collection of association dues to be constitutional.

Louisiana Supreme Court sides with prisoner seeking review of $1,330 forfeiture

By Sam Knef |
The Louisiana Supreme Court recently ruled in favor of a prisoner incarcerated at the Louisiana State Penitentiary in Angola, finding he was denied due process with respect to the forfeiture of $1,330.

Wrongful death judgment for children of painter killed in wall collapse upheld

By Sam Knef |
The state's Fourth Circuit Court of Appeals recently affirmed an Orleans Parish court decision to award nearly $1 million in damages to the children of a painter who died when part of a segmented concrete wall collapsed on him.

Louisiana Supreme Court conditionally reinstates Baton Rouge attorney

By Sam Knef |
Keith Thornton, a Baton Rouge attorney, was recently reinstated to the practice of law, subject to a two-year period of supervised probation, according to a decree by the Louisiana Supreme Court.

Louisiana Supreme Court reverses appeals court decision in case against Shell Oil

By Sam Knef |
The Louisiana Supreme Court has overturned a lower court's finding that the plaintiffs were too late in asking for review of summary judgments on companies constructing pipelines on their property.

State Supreme Court rules prisoner doesn't have to wait to have seized money returned

By Sam Knef |
NEW ORLEANS — The Supreme Court of Louisiana has found that a lower court was wrong in ruling that a prisoner serving time on a drug conviction hadn't waited a full five years to seek return of $944 seized when he was arrested.

Louisiana Supreme Court sympathizes with levee district in dispute with property owner

By Sam Knef |
NEW ORLEANS — The Supreme Court of Louisiana has upheld a statute that balances landowners' rights and the construction and maintenance of levee systems enacted in the wake of Hurricane Katrina.

Fifth Circuit gives split decision in dredging suits against oil and gas companies

By Sam Knef |
NEW ORLEANS — The 5th Circuit Court of Appeals recently issued a split decision for more than 80 Louisiana commercial crawfishermen who claimed dredging activities initiated by oil and gas companies in the Atchafalaya Basin caused damage to their fisheries.

Appeals court reverses summary judgment for levee contractor in racial discrimination case

By Sam Knef |
NEW ORLEANS — The Louisiana Fourth Circuit Court of Appeal has reversed a lower court's summary judgment finding in a racial discrimination case involving a levee work project in Algiers and remanded it for further proceedings.

Former luxury home owners must pay Realtor's commission, attorney's fees, appeals court rules

By Sam Knef |
NEW ORLEANS — Former owners of a luxury home will have to pay their Realtor $114,000 in commission and $45,000 in attorney's fees after cutting them out of a sale in a breach of contract, a court has ordered.

Bus driver’s appeal comes to a halt at Louisiana Supreme Court

By Sam Knef |
The Louisiana Supreme Court recently reversed and affirmed parts of an appeals court ruling in favor of Gerald Castille, a bus driver, in his suit against the St. Martin Parish School Board.

Louisiana Supreme Court rules Entergy violated 300-foot rule

By Sam Knef |
The Louisiana Supreme Court recently reinstated an order from the Louisiana Public Service Commission (LPSC) that found that Entergy violated a

Attorney accused of using ‘vile and racially derogatory’ language has license revoked

By Sam Knef |
NEW ORLEANS — The Louisiana Supreme Court has stricken Ashton R. O'Dwyer from the roll of attorneys by revoking his license to practice in the state.

Work-comp claimant who wanted non-narcotic treatment gets favorable ruling from high court

By Sam Knef |
NEW ORLEANS — After finding that the workers' compensation system and its medical director misinterpreted language of state administrative code, the Louisiana Supreme Court has reversed a lower-court ruling that denied a claimant's request for a trial of a spinal-cord stimulator.

Louisiana Supreme Court upholds granting of new trial for parents in medical-negligence case

By Sam Knef |
NEW ORLEANS — The Louisiana Supreme Court has granted a new trial to a couple whose infant died following emergency-room treatment.

Medicare fraud convictions and sentences upheld by Fifth Circuit Court

By Sam Knef |
NEW ORLEANS — The Fifth Circuit Court of Appeals has found that fraud was

Auto-parts provider can't convince court that it qualifies as 'tourism business'

By Sam Knef |
NEW ORLEANS — In a per curium order issued on Feb. 9, the 5th Circuit Court of Appeals upheld a district court's denial of a company's claims against the Deepwater Horizon settlement program.

5th Circuit affirms finding for bankruptcy trustee in wage garnishment case

By Sam Knef |
NEW ORLEANS — The 5th Circuit Court of Appeals has affirmed a finding in favor of a bankruptcy trustee in a dispute over $1,756.04 in garnished wages.

Summary judgment for Wal-Mart in slip-and-fall case reversed and remanded

By Sam Knef |
NEW ORLEANS — A woman's slip-and-fall case against Wal-Mart has been given new life at the 5th Circuit Court of Appeals.